Surgeon ordered to pay $40,000 for kicking a nurse
August 14, 2014
The Kentucky Court of Appeals ordered cardiothoracic surgeon Robert T. Fried, MD, to pay $40,000 to a nurse at King’s Daughter Medical Center (KDMC) in Ashland, Kentucky, who sued him for assault and battery.
In upholding the previous court’s decision, Fried must pay Diane Powell, RN, $5,000 in compensatory damages and $35,000 in punitive damages for kicking her back in 2008. The incident occurred following a procedure in which Powell assisted Fried. While Powell spoke to a coworker, Fried approached her and kicked her in the leg.
Fried said the kick was done in a playful manner. However, Powell claimed that Fried has a history of aggressive behavior towards her, including kicking her during a surgery, striking her on the hand with surgical instruments, and threatening to throw an instrument at her head.
Powell also sued KDMC for negligent hiring and supervision, but the court ruled that her claim didn’t show an intent to cause injury from the hospital.
Source: Outpatient Surgery Magazine